Contact Information

Wage Information for Volunteers and Paid On-call Members of Fire
Departments, Rescue Squads and Diving Teams

Setting the Average Weekly Wage for Volunteers and Paid On-call Members of
Fire Departments, Rescue Squads and Diving Teams

When the injured worker has sustained a work-related injury
or illness as a member of a volunteer fire company or a fire department
organized under Ch. 213 Wis. Stats., or a legally organized rescue squad or
diving team, the average weekly wage (AWW) is determined under the provision of
DWD 80.30 Administrative Code. See s.102.07(7)(a) Wis. Stats.

DWD 80.30 establishes the average weekly earnings to be the
maximum in effect on the date of the injury except where a specific showing may
be made in individual cases where the maximum is not proper.

If the maximum rate is thought to be not proper for a
volunteer and/or paid on-call member of fire departments, rescue squad or diving
team, the AWW is then based on the equivalent earnings for a full-time position
with the nearest full-time (career) fire department. When selecting a position
with equivalent earnings, factors to be considered include, but are not limited
to, the injured worker's years of service, level of experience and/or
responsibility, certification, and training for the position.

Frequently Asked Questions

If a volunteer or paid on-call member was paid by the
department when injured, why is that wage not used to determine the average
weekly earnings?

If the injured worker comes under the provisions of
s.102.07(1)(a) the wage is set using DWD 80.30, not s. 102.11. The training or
paid on-call wage is not representative of the injured worker's value to the
public for the service performed. Thus, the AWW will be set at the maximum
rate for the year of injury unless/until rebutted with the equivalent wage for
a full-time position from the nearest (career) fire department.

Isn't setting the wage for a volunteer or paid on-call
firefighter or EMT by using an equivalent full-time (career) firefighter's
earnings unrealistic, given the earnings actually received?

The long-standing public policy in Wisconsin summed up in Sorenson
v City of Elroy (W.C. Claim No. 83-49944, LIRC Jan. 27, 1988): "as
previously stated, Ind. 80.30 also allows a respondent to rebut the
presumption of maximum earnings, but only to the extent that there is a
disparity between the maximum earnings figure and the usual going earnings
paid to full-time firefighters . . .[the volunteer] may end up receiving
compensation which bears no relation to his actual earning record or capacity.
The legislature intended this result as a protection for volunteer
firefighters and as an incentive for them to perform this important
work. "Although the above case referred specifically to a firefighter, the
Department's position concerning EMT's and others who fall under the
provisions of s. 102.07(1)(c)
is the same with regard to legislative intent, i.e., protection and incentive.
Also see City of Elroy v. LIRC, 152 Wis. 2d 320, (Ct. App. 1989).

If the injured worker is an EMT rather than a firefighter,
why would the nearest fire department be used rather than a private ambulance
service?

A private ambulance service is not the equivalent of a
rescue squad. Typically, a volunteer rescue squad performs duties far beyond
those of an ambulance service and the personnel have been trained for those
duties. These rescue duties are far more similar to those performed either by
full-time EMT's or firefighter/EMT's with career fire departments. Also
note that volunteer rescue squads have a wide variety of organizational names.
They need not be named a "rescue squad" to come under the provisions
of s. 102.07(1)(c).

How is "nearest" full-time (career) fire
department determined?

Functionally, that question is best answered by the fire department or
rescue squad to which the injured worker belongs, as the "nearest"
full-time (career) fire department will be called for mutual support when
needed. (Note: Currently there are 36 public, full-time (career) fire
departments in Wisconsin from which to determine "nearest." The
Department does not use private, federal, state, tribal or military fire
departments or brigades to determine equivalent earnings.)

WI DWD/WC/Wage 9/02 revised 10/13

Reporting Wages for Volunteer and Paid On-Call Members of
Fire Departments, Rescue Squads and Diving Teams via the Internet and EDI

We do not distinguish between volunteer and paid-on-call or between fire
fighter and EMT as all are covered by the same statute and administrative
code.

WKC-12 First Report of Injury and the WKC-13 First Supplementary report

If conceding the MAXIMUM wage, check the box on the Internet WKC-12 and
enter "Occupation" as Volunteer Fire Fighter/EMT. EDI users need to
enter the maximum wage for the year of injury. Or, on the WKC-13 enter the
wage determined from the full-time fire department used. By conceding the maximum
rate on the WKC-12 or WKC-13, the WKC-13A is not required. Using the pending
report you also may send us an e-mail stating that you are conceding maximum
wage.

WKC-13A Wage Information Supplement

If you are rebutting the maximum wage with information
from the nearest full-time fire department (see list below), you must file a
WKC-13A. Be sure you have acquired
all the necessary information before attempting to send the WKC-13A.
Typically, the fire department will
provide the bi-weekly wage for the number of years of service for your IW.Divide the bi-weekly wage by two for the weekly rate and further
divide by the normal schedule (usually 56) to get the hourly rate.To get the gross earnings multiple the weekly rate by 52.
Note the rank and years of service
for the rate used and the name and phone number of the contact providing the
information. Do not use the actual wages of the injured worker.

Section 1. Pay Information:

1.
Enter the hourly rate of the full time
firefighter.If the employee is paid
a bi-weekly you will need to convert to an hourly rate (see above
paragraph).

Exceptional Basis of pay:

A. Use the drop down menu to select Volunteer FireFighter/EMT.

B.
[comment section] Enter the name of the full-time (career) fire
department you used to base your investigation of the wage. Give the annual
salary of a paid full-time (career) firefighter and note the rank and years
of experience. Also list the contact name and phone number of who provided
the information to you for verification

Section 2. Gross wages:

Enter the annual salary based on your investigation of a paid
full-time (career) firefighter.

Enter 52 weeks.

Enter the actual date of hire of the injured worker.

Section 4. Scheduled Hours and Overtime Information:

1. .
Enter regular schedule (56 hours is presumed by statute. If less than 56,
note in comments).